An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms and Fiddleheads

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §8841, sub-§4 is enacted to read:

4. Fiddlehead. "Fiddlehead" means the coiled frond of the ostrich fern, or Matteuccia struthiopteris, that is harvested for commercial purposes.

Sec. 2. 12 MRSA §8841, sub-§5 is enacted to read:

5. Wild mushroom. "Wild mushroom" means a mushroom that is harvested for commercial purposes in the wild. "Wild mushroom" does not include a cultivated mushroom that is grown, harvested, processed and packaged by a commercial organization.

A. Cut or harvest Christmas trees or, evergreen boughs , wild mushrooms or fiddleheads on land of another without securing written permission or a bill of sale from the owner or the owner's authorized agents. Only one such permit is needed per work crew. Violation of this paragraph is a Class E crime; or

B. Violate paragraph A when:

(1) The value of the trees or, boughs , wild mushrooms or fiddleheads is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(3) The value of the trees or, boughs , wild mushrooms or fiddleheads is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(4) The value of the trees or, boughs , wild mushrooms or fiddleheads is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or

(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

2. Transport prohibited. A person may not:

A. Transport Christmas trees or, evergreen boughs , wild mushrooms or fiddleheads without written permission or a bill of sale from the owner of the land where the trees or, evergreen boughs , wild mushrooms or fiddleheads were harvested or that owner's authorized agents. Violation of this paragraph is a Class E crime; or

B. Violate paragraph A when:

(1) The value of the trees or, boughs , wild mushrooms or fiddleheads is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(3) The value of the trees or, boughs , wild mushrooms or fiddleheads is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(4) The value of the trees or, boughs , wild mushrooms or fiddleheads is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or

(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.

3. Inspections and investigations. An officer authorized to make inspections and investigations under this article may require of any person, firm or corporation engaged in cutting , harvesting or transporting Christmas trees or, evergreen boughs , wild mushrooms or fiddleheads to show:

A. If engaged in cutting or harvesting trees or, boughs , wild mushrooms or fiddleheads belonging to another, a current written permit or bill of sale issued pursuant to subsection 1, paragraph A; and

B. If engaged in transportation, a current written permit, bill of sale, port of entry statement or other written proof of ownership when transporting for commercial purposes trees, loose or in bundles, or boughs, loose or baled , wild mushrooms or fiddleheads. A driver shall carry this permit on the driver's person or in the vehicle.

4. Remedies not exclusive. Prosecution under this section does not preclude the civil remedy available under Title 14, section 7552.

5. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

Any officer authorized to make inspections, investigations or arrests under this Article may seize and hold Christmas trees or, evergreen boughs , wild mushrooms or fiddleheads until proof of ownership has been established. If no proof of ownership has been established, the officer shall try to determine where those trees or, boughs , wild mushrooms or fiddleheads were cut or harvested and notify the landowner. If the owner does not want the trees or, boughs, wild mushrooms or fiddleheads, or ownership cannot be determined, the State may dispose of them and any money derived from the disposition of the trees and, boughs shall, wild mushrooms or fiddleheads must be paid to the landowner, if histhe landowner's identity can be established and, otherwise, to the Treasurer of State to be credited to the General Fund.

State police, county sheriffs, municipal law enforcement officers, state forest rangers and game wardens are authorized to make inpsectionsinspections, investigations, arrests and disposals of trees and, boughs , wild mushrooms and fiddleheads under this Article.

3. Refusal to certify; revocation of certification. The Department of Health and Human Services may decline to certify any person adjudged to have violated Title 12, chapter 805, subchapter 3, article 2 or determined to lack the appropriate training to safely harvest, broker or sell wild mushrooms, in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5 and rules adopted by the Department of Health and Human Services pursuant to this section. The Department of Health and Human Services may revoke, in accordance with the Maine Administrative Procedure Act, the certification of any person in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory Committee and rules adopted by the Department of Health and Human Services pursuant to this section , or any person adjudged to have violated Title 12, chapter 805, subchapter 3, article 2.

The purpose of this bill is to protect woodland owners by requiring anyone harvesting wild mushrooms or fiddleheads commercially to have written permission or a bill of sale from the landowner before harvesting or transportation. The permission requirements and enforcement provisions of this bill are the same as currently exist in Maine law for commercial harvesting of Christmas trees and boughs for wreaths. The bill also authorizes the Department of Health and Human Services to decline to certify or revoke the certification under the Maine Wild Mushroom Harvesting Certification Program of any person found in violation of the prohibition.